HomeMy WebLinkAboutTC Digest 2010-06-25TOWN COUNCIL WEEKLY DIGEST
June 14 - 25, 2010
Tiburon
1. Letter - Tom O'Neill - Thanks for Support for Classic Car Show
2. Letter - Doug Davis - Objection to Development of the Bel Aire Play Area
Agendas & Minutes
3.
Minutes
- Hilarita/Tiburon Ecumenical Assoc - April 12, 2010
4.
Minutes
- Hilarita/Tiburon Ecumenical Assoc - May 15, 2010
5.
Minutes
- Design Review Board -June 3, 2010
6.
Action Minutes - Design Review Board - June 3, 2010
7.
Minutes
- Planning Commission - June 9, 2010
8.
Action Minutes - Planning Commission - June 23, 2010
9.
Agenda -
Planning Commission - June 23, 2010
10. Agenda -
Design Review Board - July 1, 2010
Regional
a) Letter - PG&E - Installation of SmartMeter devices in Fairfax
b) Public Notification - PG&E - Request to Lower Electricity Rates effective
1/1/11
c) Letter - Marin Hazardous & Solid Waste JPA - support for SB 1100 - The
Battery Stewardship Act
d) Newsletter - Update on Public Law - Spring 2010
e) Comcast California - May 2010
f) Great Age - Newsletter - Marin Comm. on Aging - Spring/Summer 2010
g) Western City - Magazine - League of California Cities - June 2010
h) Bay Area Monitor - Newsletter - League of women Voters - June/July 2010
Agendas & Minutes
i) None
* Council Only
DIGEST/
June 24, 2010
Ms. Peggy Curran
Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, California 94920
Dear Peggy,
RECEIVED
JUN 2 4 2010
TOWN MANAGERS OFFICE
TOWN OF TIBURON
On behalf of the Tiburon Classic Car Show I would like to express my thanks and
appreciation to you for the support that your personnel give to our show. As you know
the show occurred on June 19th at the Waterfront Park. It was attended by 90 cars and an
estimated 5 to 7000 people during the course of the day. Everything went without a hitch
and to my knowledge there was not a single occurrence of an issue or problem.
I would like to give special thanks to Diane Crane-Iocapi for her professional and
efficient help in doing the things necessary to process the car show through the
requirements of the permit process. Beyond that, though, is the positive, helpful and
friendly attitude that Diane conveys in her dealings with people. I feel at the moment I
am talking with her that my event and me are the most important things she has to attend
too. It is that spirit of friendliness that helps to make our community such a wonderful
place to live. You and your staff are more than employees of our town; but rather a
significant contribution to the community.
Please pass on my thanks and appreciation to Joel Brewer for his department's significant
contribution to our success. The Public Works personnel do a beautiful job of providing
us with barriers and all things necessary in managing the closing of the streets.
Everything is always in place and on time, which helps us immensely in our show set up.
Finally, thank you for setting the tone of cooperation throughout your organization that
makes dealing with the Town of Tiburon such a positive experience.
Sincerely,
Tom O'Neill
Director - Tiburon Classic Care Show
1550 Tiburon Boulevard, # 326 - TIBURON CALIFORNIA 94920
14151297-2615 - tomaoneill(a).comcast.com
05/17/2010 09:59 4153891255
+TW - Mick A1941 ycia p14 161, UIC94(S
To: Tiburon Town
Space and Parks review
Town Hall, Tiburon, California
P~ Ll 3 Sr- y 3 k
Dear Sir:
DOUGLAS DAVIS
PAGE 01
266 Karen Way
Tiburon, CA 94920
May 14, 2010
Phone 415.389-1255
e-mail = dougmdavis@sbcglobal.net
I am writing to object to any development in the small shared space that
borders the back of my lot. I purchased this house for the quiet and
tranquility that I could enjoy here. When youngsters are there they are
seldom quiet. Even if it's a ball game, every time someone hits the ball
screaming ensues. As I often work late and sleep in longer the next
morning, this noise greatly disturbs my tranquility. I also treasure quiet for
my homework in the afternoons.
Group sports and hollering should not be taking place just yards from my
windows. Those activities should be in a clearly separate distinct location,
such as Strawberry Rec. center, Blackie's Pasture, some school playground,
etc. Even right now, as 1 write this letter, kids are noisily yelling loudly
within easy hearing distance of my window.
Furthermore, if this space suddenly becomes available in a different way,
we may well have families or kids from other neighborhoods coating here to
play and carouse, thus increasing the impact on me and my neighbors.
Please keep me informed of any current debates about opening or organizing
this space up, and please register this as an objection to any development of
this area.
02%
Sincerely, Doug Davis, D.D.S.
DIGEST
The HI O ECUMENICAL 11 (aka Hilarity TEA or H -TEA)
100 Ned 's Way - Tiburon, California 94920
BOARD OF DIRECTORS MEETING
Minutes of April 12. 2010 '
Officers: kF: » z_
PED
resident - Keith Lester
Vice President - Charles Quick JUN 2 Z 2010
Secretary -Barbara Garcia-Romero
Treasurer - Dennis Leary
DIRECTORS PRESENT: The Hilarita Residents Association (HRA):I R0
OL TIN
Mary Ann Alvarado, Loretta Bromberg, Michael Bums, James Hardy, Dorot y. y Larson.
Cathomas Ford - HRA President - ex-officio
Community Congregational Church (CCC)
Liz Jones, Keith Lester
St. Stephen's Episcopal Church (SSEC)
Anne Brown, Michael Peters
Westminster Presbyterian Church (WPC)
Dennis Leary, Richard Leonards, Charles Quick
Town of Tiburon Representative - Carolyn Grey
DIRECTORS ABSENT: HRA- Phillip Ramirez*
• = excused Barbara Garcia-Romero*-SSEC
Nuria Ibars -Community Representative
OTHERS PRESENT: Linda Tilton, Director of Property Management, The John Stewart Co. QSC)
Anna Wolfe -HRA
A QUORUM I5 7
1. MEETING CALL TO ORDER
President Lester determined that a quorum was present and called for order at 7:30 PM in the Community
Resource Center of The Hilarita Apartments.
2 MINUTES OF THE MARCH 8 .2010 MEETING
President Lester called for approval of the minutes. There being no amendments, it was:
M/S/P (D. Leary/J. Hardy) that the Board approve the
March 8, 2010 minutes as presented. 10 ayes, 4 abstain
3. OPEN FORUM
President Lester reminded everyone that each speaker has three minutes, and if there are subjects not
covered in the allowed time, to wait until all others have spoken before resuming your comments. Also,
that all questions and replies are to be directed to the President.
1. M. Burns read from a page of the HUD residents manual which detailed the rights of The Hilarita
residents, some of which are: to organize and convene; display/dispense material that is of interest to
the residents; use of the common space, (such as the Esther Whitman Community Room); present
issues of concern to the property management; have access to any document pertinent to The
Hilarita.
• Ms. Tilton asked, just what are your issues here? The reply - there are several items that are not being
followed by Management such as free access to allow notices to be displayed on site and the difficulty in
securing the community room for meetings. Ms. Tilton explained the procedure to schedule use of the
community room and that the on-site bulletin boards throughout the complex are used primarily for various
announcements and notices of importance to all residents.
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- President Lester added that inasmuch as there are existing procedures on these matters, that there
should be no problem.
2. C. Ford said that a recent HRA event had to be postponed because the notice of same could not
be posted in a timely fashion and that she had followed the prescribed procedure but was unable to
contact any one in the office due to the Property Manager being out, or those in the office were
unable to help, or the office being closed which caused her to have wasted forty hours in the process.
- Ms. Tilton advised that the Property Manager has been extremely busy preparing for the upcoming MOR
inspection, and she said that the office is being staffed by hired `#emps' until such time as the office finds a
replacement assistant, which puts an added strain on the Property Manager. In response to a question
regarding the MOR inspection, she elaborated on the many items that are required in each tenant file, the
office procedures, and the gamut of what Management is responsible for at The Hilarita.
• It was noted that inasmuch as the residents were advised of the upcoming MOR inspection, and
therefore realizing that the office staff would be extremely busy with the work involved for this inspection,
that the HRA Board could have distributed the event flyers to each resident in lieu of having "wasted forty
hours" in the attempt to post the notice on a board that residents may or may not take time to visit in the
first place.
- President Lester stated that all of these matters need to be reviewed, and it will be done. He also
reminded HRA that the "Hollar Board" as suggested by the H-TEA On-Site Committee, was set up for the
residents use and free of censorship.
4. CORRESPONDENCE & ANNOUNCEMENTS
1. Director and resident, Phillip Ramirez recently underwent surgery, and he is now back at his home.
The Board sends its heartfelt wishes to Phillip for a speedy recovery.
2. The Town of Tiburon has proposed to put modular buildings in several of the parking spaces to
accommodate an event sponsored by the Belvedere-Tiburon Recreation Department.
In discussion, it was recommended that information on this event be posted on the bulletin boards so that
residents could make a decision on the town's proposal. C. Ford advised that she had a discussion with
the Tiburon Design & Review Board on this topic, and the HRA Board believes it would be best to go door
to door to discuss this with the residents.
- President Lester suggested that HRA's and H-TEA's On-Site Committees' discuss this issue and reach
an agreement for an efficacious outcome. Also, it was recommended that a meeting be called for all
residents for a question and answer period. L. Jones advised that for further information on this matter,
there is a pre-hearing meeting scheduled for April 20th at 7 PM in the Tiburon Town Hall.
5. HRA - The HILARITA REPORT
Meets every third Monday of the month at 7.30 PM in the Esther Whitman Community Center
Cathomas Ford, HRA President, reported that:
1. HRA has scheduled a special election on April 25th to elect a Secretary and Treasurer for the HRA
Board of Directors which is in compliance with the HRA Bylaws, and the H-TEA Board is invited.
2. Kacy Cuorto has resigned as Vice President of the HRA Board and Anna Wolfe was introduced
to this Board as HRA's Vice President.
3. there will be a garden work day on April 24th to commemorate Earth Day. H-TEA Board members are
invited to participate in this project.
4. HRA recommends that a bulletin board be considered for each level specifically for HRA use.
No action at this time was taken on this recommendation.
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6 SECRETARY'S REPORT
Barbara Garcia-Romero (absent) - no report.
7. TREASURER'S REPORT
Dennis Leary reported that the Board's checking account balance is $3,777.28 and that there are no
outstanding payables or receivables.
8. The JOHN STEWART COMPANY PROPERTY MANAGEMENT REPORT
A - Linda Tilton, Director of Property Management, reported that:
1. she did attend the Town of Tiburon Design Review Board meeting held April 7th. It denied the appeal
filed by a resident and granted the permit for the removal of trees along the boulevard as discussed in
prior meetings. This permit was granted with the understanding that until such time as it is certain there
are no birds nesting, the trees will stand.
All of the trees have been inspected for bird life, and we find that there is one or more red-shouldered
hawk(s) in residence.
2. with regard to a resident's letter to the California Affordable Housing Initiative (third party contract
administrator for HUD) accusing The John Stewart Company (JSC) of not properly accounting for the
tenant security deposits, etc., JSC was forced to respond to these false accusations in detail.
[You may review all that this entailed by reading the April 7, 2010 JSC report sent to all Directors.]
let it be known that every aspect of the financial management of The Hilarita is inspected annually by a
HUD approved third party financial auditing firm and by HUD itself.
3. there is no municipal ordinance in Tiburon which requires that H-TEA distribute interest on the
tenant security deposits, the deposit still belongs to that tenant. If interest is distributed to HRA, there
must be a written permission in every individual tenant's file giving or not giving approval for the
distribution. If a tenant does not approve then the interest on their portion of the total sum of security
deposits cannot be distributed to anyone, including the HRA.
We should be able to report at the May, 2010 H-TEA Board meeting on how many tenants have given
their written permission to dispense funds or not. This is a process that may take several months and,
therefore, distributions will be withheld.
In discussion,there were questions:
0-is there a tax liability if a resident chose to receive the interest directly from their security deposit?
A-if one is required to file a tax return, interest would be shown.
0-what is the reconciliation of liability of each tenant, 50059 form S-B, item 28, compared against
financials which is a question unanswered by H-TEA accountants?
A-this data is always available and on request. Treasurer Dennis Leary agreed to obtain this
information and to pass it on.
0-what if one takes an `opt out' for the receipt of earned interest?
- President Lester proposed that this matter be tabled until the May meeting to allow time for Ms. Tilton to
send a letter from HUD to us on this topic
4. Wildcare's `Hungry Owl Project' in San Rafael, has provided the property with two owl nesting
boxes which Maintenance will install in trees near the field shortly.
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This addition should bring environmental awareness and excitement to the residents as we watch the
activity of the inhabitants.
5. President Lester read a Policy statement that is headed "Reiteration of long standing H-TEA Board
Policy and Practice regarding access by Directors of Records". This conforms to regulations of the
State of California and is in use to alter and to affect a change in behaviour by the Directors going
forward.
In discussion, HRA said that this Policy has no validity and that it is contrary to the Bylaws; that it should be
tied to Bylaw changes to satisfy the Bylaws requirements; and that there are costs involved in any
amendment of the Bylaws. President Lester assured the Directors that this was carefully researched and
that it is pursuant to California's system of law. Ms. Tilton will later advise us of the fee for any Bylaw
change. HRA requests a vote on this topic.
• President Lester agreed to postpone further discussion on this matter until the next meeting.
B - Cherry Reilly, Property Manager, (absent). Excerpts from the written report sent to all Directors:
1. the office is and has been very busy preparing for the April MOR inspection and the California Afford-
able Housing Initiatives (CAHI) inspections as required by HUD.. The office is using `temps' to assist
with the details that need doing.
2, a walk around with Marizco Landscaping produced our maintenance priority list for the next 8 months:
clearing of vegetation around all buildings; weeding; grass planted where needed; adding ornamental
grasses on various levels and other projects that may be recommended by the Buildings & Grounds
Committee.
3. the Boston Post computer software is now fully operational which is meant to assist us in dealing with
all of tenants files for the required documentation's in each.
9 ON-SITE COMMITTEE REPORT
Meets fourth Thursday of the month at 600 PM or as needed. Committee: Anne Brown, -c. Loretta Bromberg„ Carolyn Grey, Nuna (bars„
Richard Leonards
Anne Brown, Chair, gave her apology to Loretta Bromberg as she was not aware of the appointment to
this Committee and, therefore, missed a recent meeting. During this session we reviewed the Grievance
Procedure as it stands. Some of the items covered:
a) what does the insurance company charge for insurance regarding the common space?
b) is H-TEA designed to be in line with HUD?
c) is procedure being followed?
d) who are the advocates for the residents?
e) ideas of what this Committee is charged with and looking into;
Q people need access to the Esther Whitman Community Room in the evenings; and,
g) a responsible HRA Board member should have a key to the EWCR.
In reply to a question from the floor, Ms. Tilton advised that the reason for the EWCR being kept locked is
for the protection of the residents and the space. However, it is always available upon request from the
office with 24 hours notice. She said, regarding the concern over insurance on this space, it is because
should anything unforeseen occur during its use, a report will need to be filed, and we will be asked who,
when, and what. This is for everyone's security.
10. BUILDINGS & GROUNDS COMMITTEE REPORT
Meets quarterfy or as needed. Committee: Charfes Quick-c, Mary Ann Alvarado„ Dorothy Larson, Michael Peters Phillip Ramirez
Charles Quick reported that:
1. bids for tree care have been issued, and we expect replies fairly soon.
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2. maintenance work is ongoing and the property will be open for showing off during the H-TEA
annual walk-around.
3. Maintenance has stressed the need for residents to file a repair request when something is in need
and not to wait for an annual inspection. This Committee asks for the HRA Board's assistance in
keeping residents informed on the process of submitting repair requests promptly.
And, thank you for your help with this HRA.
Nothing will be fixed if we don't know what to fix.
11. COMMUNITY TRAINING & SERVICES COMMITTEE REPORT - CLC
Meets the first Friday of the month at 600 PM or as needed. Committee: Barbara Garc a-Romero-c, Anne Brown, Dennis Leary
Barbara Garcia-Romero (absent). From the CLC Coordinator Brian Meyer's report - "operations of the CLC
have been going smoothly. The Tutoring Program is in full swing and the children seem eager to learn".
Also, "the CLC new Saturday person, Nick Benza, is handling his job very well".
12. FINANCE COMMITTEE REPORT
- This report is arol2rietary and not to be discussed outside of this meeting
Meets as needed. Committee: Dennis Leary-c, Dorothy Larson, Michael Peters
Dennis Leary reported that for the June H-TEA Board meeting, this Committee will have all of the data and
will be able to make recommendations for the fiscal year budget as prepared by JSC.
13. OLD BUSINESS
1. President Lester advised that appointments to committees were presented and approved during the
March, 2010 meeting, and we are now requesting ratification of those appointeQs.
There being no discussion, it was:
M/S/P (C. Quick/M. Peters) that the Board ratify the appointments
of Loretta Bromberg & Carolyn Grey to the On-Site Committee,
and Phillip Ramirez to the Buildings & Grounds Committee.
Unanimous.
2. President Lester reread James Hardy's letter of March 2, 2010 which was addressed to all H-TEA
Directors concerning his view on the actions of the President, Treasurer, Secretary, and JSC. This
issue was tabled at the March 8, 2010 meeting.
There was no discussion, therefore, it was:
M/S/P (C. Quick/M. Peters) that the Board accept with thanks
James Hardy's letter of March 2, 2010, and that on review,
considers the allegations to be without merit and,
accordingly, refused to take action on the matters therein.
10 ayes, 3 nays, 1 abstain
3. President Lester said that the malice from some HRA members is excessive, disruptive, and
inexcusable. Such action takes its toll on each and every person in attendance.
14. NEW BUSINESS
1. Please strike the fax number on your roster for Director Michael Burns. Thank you.
<5>
15. EXECUTIVE SESSION
-This session is confidential and not to be discussed outside of this meeting
Ex. Committee: Keith Lester-C, Charles Quick, Barbara Garcia-Romero, Nuna /bars v
There was no call for an Executive Session.
16. DATE OF NEXT MEETING
The next Board of Directors meeting will be called to order at 9:30 AM on Saturday, May 15, 2010 in the
Community Training & Services Center of The Hilarita Apartments. This meeting will be followed by the
Annual Walk Around of The Hilarita property.
COURTESY CALL-. Please remember that a quorum is required to proceed on any `action' item. If you
will be unable to attend this meeting, please contact by phone or e-mail either President Keith Lester
(456-6659) or the Recording Secretary (381-2556). Thank you.
• Absences: Bylaws ARTICLE 6 Section 6.05, with Board discretion, permit no more than three (3)
consecutive or four (4) non-consecutive meetings to be missed without justification.
17. CALL FOR ADJOURNMENT
President Lester called for adjournment, and there being no objections, the meeting adjourned at
9:59 PM.
2010 Board of Directors Meeting Calendar (second Monday of each month except.May and August)
• Annual Meeting/Elections -January 11, • February 8, • March 8, • April 12, • regular business meeting &
annual walk around -Saturday May 15 at 9:30 AM, • June 14, • July 12, • August - customarily no
scheduled meeting, • September 13, • October 11, • November 8, and, • December 13.
L.A. Wurl, Recording Secretary - 04/2010
minutes distribution • H-TEA Board of Directors
• JSC
approved minutes distribution:
• Sponsor Churches -
Community, St. Stephen's,Westminster
•EAH
• Marin Housing Authority
• Belvedere City Council
• Tiburon Town Council
• Loren Sanborn, JSC
• H-TEA President (if amended)
• HTEA Secretary files
• HRA files
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DIGEST
§ Thi@ HI ATIBURON ECUMENICAL ASSOCI"O N (aka H laritcJEA or H-TEA) qla
100 Ned's Way -Tiburon, California 94920
BOARD :OF DIRECTORS MEETING P: y
j: Minutes & MAY 15, 2010
Officers:
,
President -Keith Lester 2 2,2010:
Vice President - Charles Quick
Secretary - Barbara Garcia-Romero
Treasurer - Dennis Leary
~AA
RTM
P O
DIRECTORS PRESENT: The Hilarita Residents Association (HRA): F T B RON
Mary Ann Alvarado, Michael Burns, James Hardy, Dorothy Larson:`
Phillip Ramirez, Cathomas'Ford HR"A`President = ex=offico }
Community Congregational Church (CCC)
Liz` Jones, Keith Lester:.
St, :Stephen's' Episcopal:Church (SSEC)
Anne Brown, Barbara Garcia-Romero, Michael Peters
Westminster Presbyterian Church (WPC)
Richard Leonards, Charles Quick
DIRECT0RS!A6SENT HRA Loretta Bromberg*i
• = excused Dennis YLeary-(WPC)
Nuria Ibars-Community Representative
Carolyn Grey* Town of Tiburon Representative
OTHERS PRESENT. Linda Tilton, Director of Property, Management, The John Stewart Co. (JSC)
3 ;
Resident-Chris Deriing5
A QUORUM IS 7
'1 " MEE- TI:
. i:... NG~' CALL'TOORDER°~
President Lester determined that a quorum was present and called for order at 9:30 AM in the Community
Resource Center of `The Hilarita Apartmeft" Pre's t ant- dis'tribti~ted~ inserts for the Director's Board of
Directors Manual and asked that the,Directors please :ke@p their binders Current:, and to let the R.S. know
the number of the Manual now in their possession, and that at the end of a Director's term to return the
Manual to-they RS. or to.the Office, r
s.
2. MINUTES OF THE APRIL 12 2010 MEETING
President Lester stated that ..inas
4-1 much, as, this, is the day:of the ;Board's Annual Vlf alk Ar:.ound The Hilarita"
11. .
and there is a matter of importance that needs. addressing, he, asked ,that the -call for. approval of the April'
12, 2010 minutes be tabled until the June 14th meeting. There were no o. bjections.
. 13 L BUSINESS-.
President Lester called attention to the matter of of Policy recommendation presented at the April 1.2th
meeting that needs to be addressed. He again read the statement and called for a motion to approve.
[see "A" addendum]
3
M/S (R..Leonards/B Garcia-Romero).that. the H-TEA Board of
E.
Directors adopt the Policy.as presented:
2.
J. Hardy o0jected,.statingathat_the wording,and contertt.are In the.Bylaws and his is. redundant;\and that
the President should contact the Marin County law library to determine whether this Policy is. valid.
M. Bums concurred.
Point of Order by A. Brown to call attention to an audio recorder on the table which is in the ON mode, and
she asked the, President if this, action was.,approved.in -advance, of,this imeeting. j
< 1:. > 41
P The President said No. He advised that this matter has been discussed and a vote was taken to disallow
such devices without permission to do so. [see "B" addendum]
J.H. advised that it was his right to reco'rd'the business'meeting as he -did not believe that the Recording
Secretary was doing a good job as the minutes are, incomplete.. He also stated that if it was necessary that
he would have someone come with him to take the minutes at any meeting. Also, he pointed out that
another Director was using a laptop, presumably to take notes.
M. Alvarado asked what difference does it make? We don't have anything to hide.
On hearing that no such approval for this device was given, A Brown stated her refusal'to volunteer her
time to a Board that is unlawfully'being audio recorded:,
The Vice President called for a motion to adjourn this meetingL He said that -he believed that this device is
being used for personal use, and he felt that the Board's confidentiality has been violated.
C. Ford requested the Board to rescind the calf for a motion-to -adjourn.°
The President stated great concern over the apparent need of J.H. to control, manipulate, intimidate,
asking for the termination of the H-TEA Officers, using all manner 'of '-threats, and conducting himself
mercurially with no regard for his fellow Board members.
In discussion, there were harsh words exchanged between several Board members and J. H., some
believing that, he should recluse himself from the H-TEA Board. D. Larson softly reminded J. H. that he
could be asked to leave not only the H-TEA Boardbutthe HRA Board as.well.
The HRA President again stated that tki , Director,is acting)op behalf.of the HRA Board and in accordance
with the HRA Bylaws. -
r (C. Quick/); that #hrs'Baard rpeetmg beAdjopr ed No econd. ,
07.
call --for-show,of hands - 3-ayes --the nays prevailed:,:
At 9:55 AM, A. Brown and C. Quick excused themselves from this meeting: And minutes later, *R `
Leonards left the meeting
M. Burns suggested that the President and J. Hardy meet to discuss the many situations in play.
President `ester advised t6' t'he tiad rriany times Aske' d `four this rneetrng and was met-with rejeetion,- -
although; J.H.'did,agree.to a br"ret 15 minutes before a meeting leaving no' time for,anyTeal `
conversation. [see "C" addendurnj -
The President returned to the April, 201 Q'"Policy recommendation, asking for a motion to approve. M.
Burns asked that this matter again be tabled. No objection. Matter tabled until the June 14, 2010
;
meeting. -
4. CORRESPONDENCE & ANNOUNCEMENTS
1. President Lester advised that with regard to'this Boaro'S discussion` ?4the' Ap'r'il 12, 2010 meeting, a
Town of Tiburon representative was expected'-to attendthis meeting d outline the Belvedere-Tiburon
Recreation Department's proposal to put modular buildings in several of the parking spaces to
accommodate-a' local event: Therebas -been contact,buf apparently #here46s no one`available to -J
meet with us this. morning.
5. HRA - The HILARITA REPORT -
Meets every third Monday of the month at 7.30 PM in the Esther Whitman Community Center
HRA President, Cathomas Ford;-,dittrib6ted~th6 H`RA repdrt to~th6se,preisehf 'She ' vised that:
9 <2>
1. a Community Garden Rules and Regulations document has been prepared for each resident using a n
on-site garden: space for sigmas an acknowledgement of the guidelines set forth.
2. a letter dated April 6, 2010 was presented to Cherry Reilly, Property Manager, detailing what repairs
are seen to be wanting, the patio area is considered unsafe, and how best to clear the Community
Room for others to use. It was not until April 27 that,the Property Manager notified the residents of the
damage caused to a roof by misbehaving children and of the potential danger to the children.
3. At the courtesy of the Trader Joe's Food Program, 28 Hilarita families have received food.
6. SECRETARY'S REPORT
Barbara Garcia-Romero no report.
7. TREASURER'S REPORT
Dennis Leary (absent) no report.
8. The JOHN -STEWART COMPANY PROPERTY MANAGEMENT REPORT
A - Linda Tilton, Director of Property Management, reported that:
1. Cherry Reilly has resigned as Property Manager. Dru Babcock willi-take over management for the time
being.
2. communication is still coming in and going 'out relating to various aspects of=multiple requests and .
demands to JSC and various agencies at the Local and State level by a Director. She spoke of all of
the paperwork and time necessary to properly address the issues.
3. JSC is required to have authorization"from the'H-TEA Board, before: releasing~any data that`may:be
asked-for by anyone:
Ms. Tilton advised that all of the actions taken by J. Hardy is harming the reputation of the H-TEA
Board We do not want to be classified as a `°troubled" project by HUD .which would causemany
'adverse actions.
President Lester advised that;HUD is following this closely, and that it has asked;for background data on
J. Hardy.
9. ON=SITE-COMMITTEE REPORT
Meets fourth Thursdayof the month at 6:00`PM or'as needed. Committee. Anne Brown,-c. Loretta Bromberg, Car`olyn-Grey, Nuda lbars,;
Richard Leonards
Anne Brown, excused - no report.
1-0." BUILDINGS & GROUNDS COMMITTEE REPORT
Meets quarterly or as needed. Committee: Charles Quick-c, Mary Ann Alvarado„ Dorothy Larson, Michael Peters, Phillip: Ramirez
Charles Quick, excused - no report.
11. COMMUNITY TRAINING & SERVICES COMMITTEE REPORT - CLC.
Meets the first Friday of the month at 6:00 PM or as needed. Committee: Barbara Garcia-Romero-c, Anne Brown, Dennis Leary
Barbara Garcia-Romero reported that the Tamalpais Pacific has granted funds to The Hilarita Tutoring
Program for the school term 2010-2011.
< 3>
12. FINANCE COMMITTEE REPORT
• This report is proprietary and not to-be discussed outside of this meeting
Meets as needed. Committee: Dennis Leary-c, Dorothy Larson, Michael Peters
3 OPEN FOROK&
[Protocol: each speaker has three minutes; if there are subjects not covered in the allowed time, to wait until all
others have spoken before resuming your comments. All questions and replies are to be directed to the President.]
1. Resident C. Darling spoke in regard to'" the damage `referred to in the orange notice sent to residents
by the JSCo office.
Point of Order by the President who stated that this should have been reported to the Office and not
brought before th&`H'TEA Boards 'C. D. said that-the office.being unresponsive.is the reasor this Is
before the H-TEA Board, and he continued:
a) dissatisfaction with Tony Gourd, Maintenance, coming to his home to clear his stairway; b) were the
repairs. to.the,-damaged roof. arpa4;ovpr--the laundry and office-done:properly as suggested?; c) the
trees designated for removal are healthy trees, how were the new tree choices made and by whom.
President: Lester stated,Fonce again. hat this .Boar,.d :deals with>Pol;icy
L. Tilton, JSC, said that the resident could certainly.sep th, 9 job description of the-,repairs. As for;the ;
planters, plants, toys, etc. on pathways and stairs, the Insurance Company and the Fire Department set
the guidelines for he :safety of_ the:~:residents-,by keeping the common: areas free of any<and ,ail...personal
belongings. In answer to a question from the floor, Ms Tilton advised that the `common areas',,inelude
everything out side of a unit's entry/exit door.
Tony Gourd;, Maintenance,joined. the meeting .to explain.the process :undertaken .to,repair-the damages
on the deck areas above used areas below. Because of the Spring rains, it was necessary to redo joints
and to do repairs in steps with the biggest concern being to prevent puddling. New membrane was
installed with sealant which needed at least ten days to. dry: before.the job: could be. complete:.All areas
were roped off for safety.
2. President Lester advised that there can beta pomt:when, t is necessary to discontinue with a
Director who is disruptive. The H-RA Bylaws allow:for: this action. This-Board has the right:to expect
confidentiality in its role as Policy maker and in its mandate to maintain affordable housing at The'Hiladta:
[see T" addendum]
3. D. Larson stated that she deplores the poisonous, atmosphere at these meetings. HRA could
remove J. H. from;:its ,Board..
15. EXECUTIVE SESSION
-This session is confidential and not to be discussed outside of this meeting
Ex. Committee: Keith Lestar-C Charles Quiclr Barti
ara Garcia-Romero,- Nuda lbars
There was no call for an Executive Session.
_16. DATE OF NEXT MEETING
The next Board of Directors meeting will be called to order at 7:30 PM on June 14, 2010 in the Community
Training & Services Center of The Hilarita Apartments
0
<4>
COURTESY CALL.- Please remember that a quorum is required to proceed on any `action' item. If you
will be unable to attend this meeting, please contact President Keith Lester (456-6659) or by e-mail, and
you may leave a message. Thank you.
• Absences: Bylaws ARTICLE 6 Section 6.05, with Board discretion, permit no more than three (3)
consecutive or four (4) non-consecutive meetings to be: missed without justification.;
<5>
The HI ATIBURO `9 ECUMENICAL ASSCOATION (aka Hilarito-TEA or KTEA)
IOU Ned's Way-- Tiburon, California 94920
ADDENDUM to the May 15', 2010 H-TEA-Board minutes a
"All directors of the Hiladta-Tiburon'`Ecumenical Association Board are entitled to view all of the Board's
records, documents and papers. The records, etc. can only provide information that does not include
confidential tenant information. All` Directors, must agree that=information contained in such records can
only be used for purposes of the, Board`and that if any Director -uses"itifor'any either means:the Board'will
have the recourse against that Director. Additionally, no Director can distribute copies of any of the
information unless it is to the President or the reviewing committee.
"Because confidential tenant information must be- redacted for viewing by any Director, all Directors must
identify the records--to be examined in order that they may be redacted for reviewing.
"When any Director, has_completed their~review;of records and. still has cone,erns, our:Policy- is-thatthe.,
appropriate committee is to be approached and to let that committee follow up on the matter. If no such
committee exists, then the concerns should be brought to the Executive Committee. Recommendations
to the H-TEA Board are to be made by the reviewing body. Outside groups or agencies should not be
contacted until the Board has had sufficient time to review and respond to any findings or allegations.
Failure to comply with this Policy by any Director can lead to dismissal as a Director."
LuBH]
.7/13/09-M/S/P (R. Leonards/M. Peters) that unless permission is granted, there will be no taping of the H-
TEA Board of Directors meetings. 12 aye, 2 nay
["C"]
3/8/10 Minutes, page 2, item 4 "President Lester several times asked J. Hardy what/ 'ecific information is
needed so that he and J. Hardy could converse but there was no response.'
page 4, item 14 "J. Hardy, resident/Director, distributed, copies of correspondence and a
list of reports and documents that he requests he have access torfo ' review, and''he stated (fiat his request
is absolute." "President Lester asked J. Hardy `what is it specifically that you are looking for?'.: TW
President said that he had asked this question several times but there is never a; response. The:President
asked once again to meet with J. Hardy to discuss this matter, and J. Hardy replied;that14ey MIA Ik only
after his attorney and the President's attorney confer." ;F .
5/12/10, page 4, item 3/3 H-TEA Bylaws, page 5, Section 6.05 -"The Board of Directors, by-affirmative
vote of a majority of the directors then in office, may remove any director without cause at a regular or
special meeting; provided that the director to be removed has been notified in writing in the manner set
forth in Section 6.09 of this Article 6 that such action would be considered at the meeting."
<6>P
50
MINUTES #8
TIBURON DESIGN REVEW BOARD
MEETING OF JUNE 3, 2010
The meeting was opened at 7:08 p.m. by Chair Chong.
A. ROLL CALL
Present: Chair Chong, Vice-Chair Tollini, Boardmember Kricensky and Boardmember Weller
Absent: None
Ex-Officio: Planning Manager Watrous, Associate Planner Tyler and Minutes Clerk Rusting
B. PUBLIC COMMENTS - None
C. STAFF BRIEFING - None
D. OLD BUSINESS BEFORE THE BOARD
1. 1801 MAR WEST STREET: File No. 710026; Ron Sires, owner; Site Plan and Architectural
Review for construction of a new single-family dwelling with a floor area exception. The
applicant proposes to demolish the existing dwelling and reconstruct a new dwelling, as well as
remodel the existing detached garage and guest house. The proposed gross floor area is 3,825
square feet, which exceeds the maximum gross FAR of 3,084.5 square feet, by 740.5 square feet.
APN 059-061-21.
Vice-Chair Tollini recused himself from the item.
The applicant is submitting a request to construct a new single-family dwelling and remodel an existing
detached two-car garage and guest cottage, with a floor area exception, on property located at 1801 Mar
West Street. Currently the property is improved with a two-family dwelling, and two accessory structures
that have previously included nonconforming dwelling units.
This application was first reviewed at the April 15, 2010 Design Review Board meeting. At that meeting,
several neighboring property owners raised concerns about potential view and privacy impacts from the
roof deck of the proposed house and concerns about the overall mass and scale of the proposed house.
The Design Review Board shared these concerns, finding that the proposed house design was too massive
and boxy and that the proposed roof deck would result in view and privacy impacts for several
neighboring uphill residences. The Board encouraged the applicant to work with the neighboring property
owners to come up with a more appropriate house design.
The applicant asked the Board to deny the application, indicating that he would then work with the
neighbors while awaiting the appeal hearing before the Town Council. After Staff indicated that the Town
Council would respond to that approach by remanding the application back to the Design Review Board,
the applicant agreed to a continuance to a future meeting. The Board continued the application to the June
3, 2010 meeting. The applicant subsequently agreed to a 90 day extension to the Permit Streamlining Act
deadlines for this application.
TIBURON D.R.B. MINUTES #8
6/3/10
Since that time, the applicant has not submitted revised plans for the project. He has indicated his desire
to either negotiate with the neighbors at the June 3 meeting or have the Design Review Board simply vote
to either approve or deny the project as originally designed. The applicant has refused to submit
additional copies of the previously submitted plans for the project.
Ronald Sires, applicant, proposed a compromise that would reduce the height of the house and eliminate
the roof deck. He asked that the floor area exception be granted, and said it was justified based on the lot
size. He stated that he would ask his architect to revise the plans if the Board agreed to grant the floor area
exception.
Chair Chong said the Design Review Board is not meant to be a workshop, and they need to see the
revised plans before being able to discuss and agree upon a revision.
Mr. Sires explained he does not want to keep incurring architectural fees, and since those were the areas
that were complained about, he would like to receive approval before having his architect revise the plans.
Chair Chong said that the DRB cannot make a decision without plans or revised story poles, and he asked
for revised drawings to review.
Mr. Sires said that his proposal would affect the upper portion of the structure only and would not change
the footprint, and the DRB has plans showing that footprint. Chair Chong said that the revised drawings
are needed so the DRB and the neighbors can review them. Mr. Sires stated that he did not want a denial
of his application that would force him to appeal to the Town Council, but felt that if he did not receive
approval for the floor area exception, he did not want to spend the funds to revise the proposal.
Boardmember Weller said the Board cannot go further than telling him their concerns about the project,
including issues with the roof deck and the bulk of the structure. He said that if all of the problems were
mitigated by changes proposed by Mr. Sires, he felt that the Board would probably favorably consider the
application.
Boardmember Kricensky stated that the design process by a competent architect starts with what the
applicant wants, and then takes into account political influences, design guidelines meant to protect the
community, and the influence of the project on the neighbors. He said that if that process had been
handled correctly, then the applicant would probably not be in this position.
Mr. Sires stated that the DRB was violating California law regarding what the Town can consider in
reviewing applications. Chair Chong noted that the DRB is not a court of law, and that the Board consists
of volunteers who look at how a project impacts the Town, neighbors, and the architectural design. He
said that the Board had problems with the project design in all three of those areas. He stated that a Board
meeting is not intended to be a workshop.
Mr. Sires stated that he would revise his plans and he hoped that the Board would allow the project to
move forward.
Chair Chong stated that the Board has no revised plans upon which to make a decision tonight, and since
Mr. Sires has said he will resubmit revised plans, he asked for public comments to be held until the next
meeting when the revised proposal is reviewed.
ACTION: It was M/S (Kricensky/Weller) to continue the application for 1801 Mar West Street to the July
11 2010 meeting. Vote: 3-0-1 (Tollini recused).
TIBURON D.R.B. MINUTES #8 2
6/3/10
Vice-Chair Tollini returned to the meeting.
2. 1980 CENTRO WEST STREET: File No. 21002; James and Mona Miller, owners; Site Plan and
Architectural Review for construction of additions to an existing single-family dwelling with
variances for reduced front and side yard setbacks. The applicants propose to construct a master
bedroom suite addition and a new attached two-car garage, along with several arbors and minor
exterior alterations to the existing house. The additions would extend to within 6 feet, 9 inches of
the front property line and 3 feet of the left (southern) side property line, in lieu of the required 15
foot front yard setback and 8 foot side yard setback. APN 059-122-14.
The applicant is requesting Design Review approval for the construction of additions to an existing two-
story, two-family dwelling on property located at 1980 Centro West Street. Variances are requested for
reduced front and sire yard setbacks. This application was first reviewed by the Design Review Board on
May 6, 2010. At that meeting, the Board indicated that the placement of the garage and other
improvements at the front of the property were appropriate and that findings could be made for the front
and side yard setback variances for the garage. However, the Board felt that the master bedroom suite
addition was too close to the neighboring home at 1990 Centro West Street and that findings could not be
made for the variance for reduced side yard setback for that addition. The Board continued the application
to the June 3, 2010 meeting, with direction to the applicant to attempt to pull the proposed addition out of
the required setback.
Since that time, the applicant has submitted revised plans for the project. The master bedroom suite has
been pulled back from the side property line and moved adjacent to the existing living room, eliminating
the previously proposed exterior deck between the addition and the living room. The general dimensions
of the addition remain the same, but the adjoining hallway has increased in size. The addition would
comply with the side yard setback requirement, as only a portion of a proposed chimney would extend
into the required setback. As a result, a side yard setback variance would no longer be required for this
portion of the project.
Jef Pedersen, architect, said they have revised the plans to move the master bedroom suite from the side
property and eliminated the previously proposed exterior deck.
There were no public comments.
Vice-Chair Tollini thought that the new floor plan would work well, and this was a simple solution to the
only concern he had regarding the project.
Boardmember Kricensky agreed and said that this was a good solution to the problem. He said that it was
hard to envision a one-car garage at the front of the site and the height of the additions was not a problem.
Boardmember Weller agreed and commended the applicant for coming up with a compromise that
satisfied the Board's concerns.
Chair Chong said that his biggest concern was the side yard setback for the bedroom addition. He thought
that the height would not be quite as overwhelming as the story poles appeared and felt that the applicant
did a good job addressing the Board's concerns.
TIBURON D.R.B. MINUTES #8
6/3/10
ACTION: It was M/S (Tollini/Kricensky) that the request for 1980 Centro West Street is exempt from the
California Environmental Quality Act and approved the project, subject to the attached conditions of
approval. Vote: 4-0.
3. 1490 VISTAZO WEST STREET: File No. 21003; Danuta Shadduck, owner; Site Plan and
Architectural Review for construction of a new single-family dwelling, with variances for
reduced side yard setback and excess building height. The new structure would have a reduced
side yard setback of 3 feet, 2 inches in lieu of the minimum 8 feet, and would have a building
height of 37 feet, 9 1/8 inches in lieu of the maximum 30 feet. APN: 058-223-14.
The applicant is proposing to construct a new three-story single-family dwelling, with variances for
reduced side yard setback and excess building height, on property located at 1490 Vistazo West Street.
Currently the property is improved with a two-story dwelling that is structurally attached to the adjacent
dwelling at 1486 Vistazo West Street. This application was first reviewed at the May 6, 2010 Design
Review Board meeting. At that meeting, several neighboring property owners raised concerns about
potential privacy issues and the visual and structural effects of separating the subject house from the
adjoining home. The Board found the design of the proposed house to be generally acceptable, but
requested additional information on the appearance of the currently adjoining house once the subject
dwelling has been separated from it. The Board also recommended that the applicant more fully explore
the structural aspects of the proposed project to ensure that necessary structural elements would not result
in changes to the appearance of the building. The Board continued the application to the June 3, 2010
meeting to allow the applicant time to address these issues.
The applicant has now submitted revised plans for the project. The revised plans include exterior
elevation drawings for the adjoining house at 1486 Vistazo West Street, indicating that the resulting side
of that residence would be finished with materials matching the existing exterior materials of the building.
Carrie Shores, architect, said they have worked with the adjoining neighbors and documented their walls
and windows on the abutting property, showing plans for the existing elevation, where it is attached and
where it will be revised. She said the challenge with this project is that there are a lot of structural details
to resolve in how to support the adjoining house. She said that those are pieces that would be addressed
when the structure is built. She noted that they would not encroach or obstruct any of the neighbors'
views.
The public hearing was opened.
Steve Sears, owner of the adjoining residence, said he still thought the cart was being put before the horse
because not enough engineering had been done. He noted that the staff report recommended a condition
of approval requiring that the applicant fully explore structural aspects of the project, but he said that
there has been virtually no engineering done since the last meeting. He said that he was still concerned
about what the exterior of this house would look like after the subject house is demolished. He said that
there was no detail showing what his roof would look like and he asked that the applicant do more
engineering before the design is approved.
Carl Straub wanted to clear up some issues regarding mature trees on the site. He described a discussion
with the Tiburon Fire District about branches below the roofline that need to be removed, which would
impact his privacy. He said that the plans show planting one tree that, at maturity, will reach 45 feet, but
do not specify the size of the tree when planted. He said that the foundation of the building would be
within two feet of an 80-foot pine tree and foundation would impact those roots. He questioned the soil
stability with the tree removals. He said that he would love to see a new structure, but not one that faces
TIBURON D.R.B. MINUTES #8 4
6/3/10
all of the windows of his house or removes all of the trees that provide privacy. He was unsure if the
project requires review by the Corps of Engineer because of the creek that runs around their house and
feeds the marsh behind the building.
Chair Chong asked if the DRB evaluates impacts on drainage. Planning Manager Watrous said that
constructing a house is a two-step process including a design review phase and a building permit phase.
The building permit phase will include structural, drainage and soil stability issues that must be resolved
before a permit can be issued, but those issues are not under the authority of the Design Review Board.
He stated that any structural solutions that would result in exterior changes to the building would require
further design review approval. He noted that the draft conditions of approval state that if the Board
approves this project, the applicant will be required to conduct a complete engineering assessment of the
adjoining homes and determine what needs to be done and when in the process it will occur before a
permit is issued. Planning Manager Watrous said that the DRB specifically requested information as to
what Mr. Sears' house would look like when this project is complete, and it is up to the Board to
determine whether the applicant has provided enough information to make an informed decision.
Ms. Shores said that their intention is to allow the roof for Mr. Sears' home to hang over Mr. Shadduck's
property. She said that they were hesitant to include all of the structural issues until the structural team is
on board, but they could develop more detail about the overhang, if necessary.
John Shadduck, owner, said that they did not intend to remove the middle tree on the plans.
Chair Chong asked if he could walk the Board through the landscape plan as to what would be removed.
Mr. Shadduck said the lowest tree would be removed. He said that the middle tree on the plans may need
limbs removed. Ms. Shores stated that the willow tree would be removed, but they intend to keep the
remaining trees and only two of the five trees would be removed. She said that only one tree would be
added because of the Fire District requirements and the radius needed to separate from the trees that are
already there.
Chair Chong asked for additional comments from Mr. Sears. Mr. Sears reiterated that he would like to see
more detail, including what the roof would look like. He thought that the engineering of the project could
easily result in architectural details that would be different from the presented plans. He did not think that
there was enough engineering information to make a design review decision. He stated that there are gas
and electrical lines, and the meters are all in the same place under his house, and he wanted to know what
the utilities would look like.
Chair Chong asked about the process if the project engineering significantly changed the details of the
structures. Planning Manager Watrous said that any exterior changes that are different from the approved
plan will need to come back through a design review process. He said that in many cases such changes
can go through staff approval, but the Board may put in place a condition approval that any such changes
must come back through the Board for review and approval.
The public hearing was closed.
Boardmember Weller said that this is a difficult project, but the Board is obligated to allow seismic
upgrades. He stated that most of the concerns expressed by the neighbors are not within the DRB's
purview. He was concerned about the structural and engineering issues, but the DRB is not the
appropriate forum for those issues.
Vice-Chair Tollini shared those concerns and stated that going through the design review process is just
the first step in a longer process. He said there are going to be issues that will come up as a result of
TIBURON D.R.B. MINUTES #S
6/3/10
geotechnical work, engineering, etc. and design approval merely signals the beginning of the process. He
said that the project will have to go back through design review after any changes are made. He thought
that the neighbors' concerns about structural and drainage issues were absolutely valid, but from a design,
privacy and zoning standpoint, he could support the project.
Boardmember Kricensky said that he has faith that the Town Engineer will be sure the drainage and soil
stability issues are handled sufficiently, and if that changes the design, the project would come back for
review. He said that the Board should be focused on the privacy and screening issues, as well as the new
orientation of the house.
Chair Chong said that the elevation drawings for Mr. Sears' house are simplistic, but acceptable. He
trusted the Building and Planning Divisions to look for any changes to the exterior design, and he had
confidence that significant changes would come back to the Board for review. He was comfortable with
what vegetation is staying to provide a buffer. He thought the Board could add a condition of approval
that if another tree is removed, the project would comes back to design review.
Vice-Chair Tollini stated that the homes do not face each other, there was a substantial distance from the
Straub house, and the glazing on the east side was not excessive. He did not think that the house would
cause a substantial privacy impact other than on the neighbor's exterior deck. He said that the removal of
the willow tree was immaterial as there would be few windows in that area of the house.
Boardmember Weller said that although there would be a change in the configuration between the two
houses, he did not see a material change in the amount of visual access between the homes. He said that it
would be difficult to solve the structural problems of the house without removing some trees.
Boardmember Weller said the question was raised about access under the house and he asked if there is a
condition guaranteeing existing residents access under the existing remaining houses. Planning Manager
Watrous said the neighbors go on their own property currently to access that space, so moving the new
house will not make that situation worse. He said that the applicant must ensure that the structural aspects
of the neighbors' houses be as good or better as a result of this construction.
ACTION: It was M/S (Weller/Kricensky) that the request for 1490 Vistazo West Street is exempt from
the California Environmental Quality Act and approved the project, subject to the attached conditions of
approval. Vote: 4-0.
E. NEW BUSINESS BEFORE THE BOARD
4. 698 HAWTHORNE DRIVE: File No. 710036; Antoine and Bedryl Saleh, owners; Site Plan and
Architectural Review for construction of a 497 square foot addition to an existing single family
dwelling. APN: 055-213-04.
The applicant is requesting Design Review approval for the construction of an addition to an existing one-
story single-family dwelling on property located at 698 Hawthorne Drive. A new master bedroom suite
would be added to the left side and rear of the house, replacing a deck that currently extends across that
portion of the site. The existing family room would be expanded. A 302 square foot basement would be
constructed below the new master bedroom.
The proposed addition would increase the lot coverage of the site by 497 square feet to a total of 2,125
square feet (29.5%), which would be less than the 30.0% maximum lot coverage permitted in the R-1
TIBURON D.R.B. MINUTES #8 6
6/3/10
zone. The proposed project would increase the calculated floor area of the house by 497 square feet to a
total of 2,148 square feet, which is less than the 2,520 square foot floor area ratio for a lot of this size.
Beryl Saleh, owner, said they plan to put in a small addition to the back of the house. They are hoping for
approval from the Board.
There was no public comment.
Boardmember Kricensky said it was nice to see a project come through with no variances. He said that
the height of the addition was not significant and would barely rise above the existing tree line. He felt
that this was a reasonable addition and he supported the project.
Boardmember Weller agreed and noted that the addition would not affect neighbors or be a substantial
change to the house.
Vice-Chair Tollini agreed and said that this was an uncontroversial project that aligns well with the
existing house. He said that the design was complementary and not overly elaborate.
Chair Chong agreed with the other Board members.
ACTION: It was M/S (Tollini/Weller) that the request for 698 Hawthorne Drive is exempt from the
California Environmental Quality Act and approved the project, subject to the attached conditions of
approval. Vote: 4-0.
5. 490 RIDGE ROAD: File No. 21007; Daniel Dunphy, owner; Site Plan and Architectural Review
for construction of a new detached garage, with variances for reduced front yard setback and
excess lot coverage. The new garage would have a reduced side yard setback of 4 feet, 4 inches in
lieu of the minimum 30 feet, and would have a lot coverage of 15.6% in lieu of the maximum
15.0%. APN: 059-082-06.
The applicant is requesting Design Review approval for the construction of a detached garage on a site
currently developed with a two-story single-family dwelling on property located at 490 Ridge Road. The
detached garage would be situated in the same location as a previous carport on the property.
The proposed 500 square foot garage would not increase the calculated floor area of the property, as 600
square feet of garage space are allowed in addition to the floor area ratio for this site. The proposed
garage would increase the previously approved lot coverage of the site by 180 square feet to a total of
3,368 square feet (15.6%), which would be greater than the 15.0% maximum lot coverage permitted in
the RO-2 zone. Therefore a variance is requested for excess lot coverage. The proposed garage would
extend to within 4 feet, 4 inches of the front property line. As a 30 foot front yard setback is required in
the RO-2 zone, a variance is requested for reduced front yard setback.
Steve Schwartz, prospective owner, said they would like to put a garage on the property to keep cars off
the street and protect them, in the same area where the carport previously existed.
The public hearing was opened.
James Bernhisel said that he had no issues with the project, but he wanted an understanding of the
setbacks and variances and how that might affect future planning for his property.
TIBURON D.R.B. MINUTES #8
6/3/10
Paul Bragstad, listing agent on the property, said that they discussed the project with many neighbors, and
they submitted a list of neighbors approving of the project.
The public hearing was closed.
Boardmember Kricensky said that in assessing whether a variance is worthy of granting, the zoning
ordinance has set out four findings that must be addressed and he summarized these requirements. He
said that in his view this project all four of the findings could be made. He said that there was no other
place for the garage because of the hillside. He said that the garage would not impact any views because
of the vegetation and the change of grade, and he thought the applicants did a good job keeping it as a
relatively small, low profile structure designed in a sensitive manner.
Boardmember Weller added that one of the ways people justify a variance request is to show it is
consistent with neighbors. He agreed that there was no other place to build a garage on the site. He said
that garage was consistent with other properties in the area, would not negatively impact neighbors, and
he could make all the required findings.
Vice-Chair Tollini agreed and said that the house had a carport before and the new owner essentially
wanted to convert it into a garage. He agreed that all of the findings could be made for the variances. He
said that he usually did not like garages right next to the street, but it makes the most sense for this
proj ect.
Chair Chong agreed but brought up the issue of multiple standing structures addressed in the Hillside
Guidelines. However, he noted that the area around the garage is very shielded by mature shrubs.
ACTION: It was M/S (Kricensky/Tollini) that the request for 490 Ridge Road is exempt from the
California Environmental Quality Act and approved the project, subject to the attached conditions of
approval. Vote: 4-0.
F. APPROVAL OF MINUTES #7 OF THE 5/20/10 DESIGN REVIEW BOARD MEETING
ACTION: It was M/S (Tollini/Weller) to approve the minutes of the May 20, 2010 meeting as written.
Vote: 4-0.
G. ADJOURNMENT
The meeting was adjourned at 8:25 p.m.
TIBURON D.R.B. MINUTES #8
6/3/10
TOWN OF TIBURON
Tiburon Town Hall
1505 Tiburon Boulevard
Tiburon, CA 94920
Action Minutes - Regular Meeting
Design Review Board
June 3, 2010
7:00 P.M.
ACTION MINUTES #8
TIBURON DESIGN REVIEW BOARD
CALL TO ORDER AND ROLL CALL
Present: Chairman Chong, Vice Chairman Tollini, Boardmembers Kricensky &
Weller
Absent: None
Ex-Officio: Planning Manager Watrous, Associate Planner Tyler and Minutes Clerk
Rusting
ORAL COMMUNICATIONS
Persons wishing to address the Design Review Board on any subject not on the agenda may do so
under this portion of the agenda. Please note that the Design Review Board is not able to
undertake extended discussion, or take action on, items that do not appear on this agenda.
Matters requiring action will be referred to Town Staff for consideration and/or placed on a future
Design Review Board agenda. Please limit your comments to no more than three (3) minutes.
Any communications regarding an item not on the agenda will not be considered part of the
administrative record for that item.
STAFF BRIEFING (if any)
OLD BUSINESS
1. 1801 MAR WEST STREET: File No. 710026; Ron Sires, Owner; Site Plan and
Architectural Review for construction of a new single-family dwelling with a
floor area exception. The applicant proposes to demolish the existing dwelling
and reconstruct a new dwelling, as well as remodel the existing detached garage
and guest house. The proposed gross floor area is 3,825 square feet, which
exceeds the maximum gross FAR of 3,084.5 square feet, by 740.5 square feet.
APN 059-061-21 Continued to 7/1/10
2. 1980 CENTRO WEST STREET: File No. 21002; James and Mona Miller, Owners;
Site Plan and Architectural Review for construction of additions to an existing single-
family dwelling with variances for reduced front and side yard setbacks. The applicants
propose to construct a master bedroom suite addition and a new attached two-car garage,
along with several arbors and minor exterior alterations to the existing house. The
additions would extend to within 6 feet, 9 inches of the front property line and 3 feet of
the left (southern) side property line, in lieu of the required 15 foot front yard setback and
8 foot side yard setback. APN 059-122-14 Approved 4-0
3. 1490 VISTAZO WEST STREET: File No. 21003; Danuta Shadduck, Owner; Site Plan
and Architectural Review for construction of a new single-family dwelling, with
variances for reduced side yard setback and excess building height. The new structure
would have a reduced side yard setback of 3 feet, 2 inches in lieu of the minimum 8 feet,
and would have a building height of 37 feet, 9 1/8 inches in lieu of the maximum 30 feet.
APN: 058-223-14 Approved 4-0
NEW BUSINESS
4. 698 HAWTHORNE DRIVE: File No. 710036; Antoine and Bedryl Saleh, Owners; Site
Plan and Architectural Review for construction of a 497 square foot addition to an
existing single-family dwelling. APN: 055-213-04 Approved 4-0
5. 490 RIDGE ROAD: File No. 21007; Daniel Dunphy, Owner; Site Plan and Architectural
Review for construction of a new detached garage, with variances for reduced front yard
setback and excess lot coverage. The new garage would have a reduced side yard setback
of 4 feet, 4 inches in lieu of the minimum 30 feet, and would have a lot coverage of
15.6% in lieu of the maximum 15.0%. APN: 059-082-06 Approved 4-0
MINUTES
6. Regular Meeting of May 20, 2010 Approved 4-0
ADJOURNMENT 8:25 PM
PLANNING COMMISSION
MINUTES NO. 998 +F
June 9 2010
Regular Meeting
Town of Tiburon Council Chambers
1505 Tiburon Boulevard, Tiburon, California
CALL TO ORDER AND ROLL CALL
Vice-Chair Frymier called the meeting to order at 7:30 p.m.
Present: Vice-Chair Frymier, Commissioners Corcoran, Doyle, and Tollini
Absent: Chair Kunzweiler
Staff Present: Director of Community Development Anderson and Minutes Clerk Levison
ORAL COMMUNICATIONS
There were none.
COMMISSION AND STAFF BRIEFING
Community Development Director Anderson reported a review of the revised Parente Vista
Precise Development Plan is scheduled for the next Commission meeting. The meeting will also
include some General Plan amendments regarding ridge trail alignment that have come out of
court rulings and a settlement agreement. He stated staff has agendized the election of officers
for the July 14th meeting, as well as oral comments on the Library Expansion Project DEIR. The
DEIR will be released to the public June 10th and the Commission will be supplied with paper
and compact disk copies for review.
Vice-Chair Frymier stated she would be out of town the month of July.
Mr. Anderson noted Commissioner Doyle lives within 500 feet of the Public Hearing item site,
said he would be stepping down, and suggested that the Commission attend to approval of the
Minutes first.
MINUTES:
2. PLANNING COMMISSION MINUTES - Regular Meeting of May 26, 2010
ACTION: It was M/S (Corcoran/Doyle) to approve the minutes of May 26, 2010, as drafted.
Motion carried: 4-0-1 (Kunzweiler absent).
TIBURON PLANNING COMMISSION MINUTES - JUNE 9, 2010 MINUTES NO. 998 PAGE 1
PUBLIC HEARING
1. 600 NED'S WAY: CONSIDER RECOMMENDATION TO TOWN COUNCIL
REGARDING ADOPTION OF AN ORDINANCE ESTABLISHING A
STEAMLINED DEVELOPMENT REVIEW PROCEDURE FOR THE
BELVEDERE-TIBURON RECREATION COMMITTEE NED'S WAY
PROJECT; Town of Tiburon, Owner and Applicant; Assessor's Parcel No. 058-151-
27
Commissioner Doyle recused himself because of his home's proximity to the site and left the
chambers.
Community Development Director Anderson presented the staff report, stating this is a
streamlining ordinance that would exempt the Joint Recreation project currently under study for
the Ned's Way location from several standard elements of the review process. The specific
elements that would be streamlined would be those contained in the Zoning Ordinance
(conditional use permit and site plan and architectural review), provisions of the Encroachment
Permit Ordinance, and any policies that have sprung from that. The Town Council has asked
staff to move forward with a streamlining ordinance that would create a Town review and
decision-making process, including CEQA review, vested solely with the Council. The Council
may, if it chooses, refer the project to any boards or commissions and Council will be using the
same criteria that the Board and Commission would normally use in their own review. Mr.
Anderson stated that staff finds the ordinance to be consistent with the policies of the General
Plan. It has been a practice of the Town to streamline major public projects, including the Town
Hall Building, the Tiburon Police Station, and the Library.
Commissioner Tollini asked if the expedited process would allow the site to be operational
before the next school year begins. Mr. Anderson said it could not be operational that quickly
and could not provide an estimated date. He said the Council is still gathering information on the
project, including what the total cost would be and if that is something they are willing to fund.
He said Belvedere and the Joint Recreation Committee are likely to assist with the cost, but it
will ultimately be an expensive project. He explained the ordinance simply puts the Council in a
position to act quickly if everything else falls into place.
Vice-Chair Frymier inquired after the origins of the ordinance. Mr. Anderson explained the
Town Manager presented the issue to the Council in May. The Council gave her the authority to
conduct initial studies regarding feasibility and cost, and also directed her to begin the
streamlining ordinance process.
Vice-Chair Frymier asked how this would affect the overall timeline. Mr. Anderson explained
that by consolidating these actions into one review by the Council, the risk of appeals is
removed. On an uncontested project, this ordinance may only save one or two months, but if
contested through appeals, a six-month delay could result.
Vice-Chair Frymier asked how the public felt about the streamlining associated with the other
projects. Mr. Anderson said there was no outcry from the citizenry over the previous ordinances.
TIBURON PLANNING COMMISSION MINUTES - JUNE 9. 2010 MINUTES NO. 998 PAGE 2
Vice-Chair Frymier opened the public hearing.
Joyce Larson said she lives at the Hilarita across Ned's Way from the site, stated her strong
concern regarding the potential for noise and her opposition to the project.
There being no one else present to speak, Vice-Chair Frymier closed the public hearing.
Commissioner Tollini asked, and Mr. Anderson confirmed, that there would be opportunity for
public comment when this item goes before the Town Council.
Commissioner Corcoran thanked Ms. Larson for her comments. He assured her that the
Commission heard her comments, but explained that tonight's item relates more to what the
process will be than the project itself. He said he could support the ordinance, for all the reasons
outlined by staff, as well as the opportunity it provides for the Town's youth. He noted that
interest in and a need for increased childcare facilities is expressed in the General Plan. He
appreciated that the streamlined process would preserve some public monies by minimizing the
necessity for multiple hearings while still providing a public forum.
Vice-Chair Frymier also expressed her support for the ordinance. She said the need for additional
schooling and childcare opportunities have been vocalized for some time. She the growth of this
community, and that of Reed Elementary, are a compliment to what we are doing in this town.
She said she respects the Council for the decisions it will make regarding this site and
encouraged everyone to look at the other town projects that were developed through this process.
She said each public project was debatable in some way, and yet they are all now a wonderful
compliment to this community. She urged the public not to be too reluctant to support
appropriate growth and said she fully supports the decisions of the Council.
Commissioner Tollini stated for the record that she formerly served on the Joint Recreation
Committee Board.
ACTION: It was M/S (Corcoran/Tollini) to adopt the resolution recommending adoption of the
proposed ordinance. Motion carried: 3-0 (Doyle recused; Kunzweiler absent).
ADJOURNMENT
The Planning Commission adjourned the meeting at 7:50 p.m.
CATHY FRYMIER, ACTING CHAIRMAN
TIBURON PLANNING COMMISSION
ATTEST:
SCOTT ANDERSON, SECRETARY (ACTING)
TIBURON PLANNING COMMISSION MINUTES -.TUNE 9, 2010 MINUTES NO. 998 PAGE 3
I VA
TOWN OF TIBURON
Action Minutes - Regular Meeting
Tiburon Town Hall Tiburon Planning Commission
1505 Tiburon Boulevard June 23, 2010 - 7:30 PM
Tiburon, CA 94920
ACTION MINUTES
TIBURON PLANNING COMMISSION CALL TO ORDER AND ROLL CALL
Present: Chairman Kunzweiler, Vice Chair Frymier, Commissioner Corcoran,
Commissioner Tollini
Absent: Commissioner Doyle
ORAL COMMUNICATIONS There were None
Persons wishing to address the Planning Commission on any subject not on the agenda may do
so under this portion of the agenda. Please note that the Planning Commission is not able to
undertake extended discussion, or take action on, items that do not appear on this agenda.
Matters requiring action will be referred to Town Staff for consideration and/or placed on a
future Planning Commission agenda. Please limit your comments to no more than three (3)
minutes. Testimony regarding matters not on the agenda will not be considered part of the
administrative record.
COMMISSION AND STAFF BRIEFING
Commission and Committee Reports
Director's Report
PUBLIC HEARING
1. 2 MIRAFLORES LANE: REQUEST TO AMEND THE MIRAFLORES PRECISE
PLAN (PD #21) TO EXPAND THE EXISTING SECONDARY BUILDING
ENVELOPE; FILE #31003; Davoud Sadeghi Owner and Applicant; Assessor's
Parcel 039-271-21 [LT] (Continued from May 12, 2010) Recommended
Approval to Town Council N-)
2. END OF PARENTE ROAD AND END OF ANTONETTE DRIVE: PARENTE
VISTA PRECISE DEVELOPMENT PLAN (PD #4) TO CREATE TWO BUILDING
SITES ON A 10.2 ACRE PARCEL; FILE #30703; Lionel Achuck, Owner; Tom
Newton, Applicant; Assessor's Parcel No. 03 8-111-16 [DW] Recommended
Approval to Town Council (4-0)
Tiburon Planning Commission Action Minutes June 23, 2010
Page 1
3. CONSIDER RECOMMENDATION TO TOWN COUNCIL TO AMEND
GENERAL PLAN TEXT AND DIAGRAMS WITH RESPECT TO THE TIBURON
RIDGE TRAIL ALIGNMENT; TOWN-INITIATED APPLICATION FILE #GPA
2010-01[LT] Recommended Approval to Town Council (4-0)
MINUTES
4. PLANNING COMMISSION MINUTES - Regular Meeting of June 9, 2010
Approved as Written
ADJOURNMENT
At 8:55 PM
Tiburon Planning Commission Action Minutes June 23, 2010 Page 2
TOWN OF TIBURON
Tiburon Town Hall
1505 Tiburon Boulevard
Tiburon, CA 94920
AGENDA
Regular Meeting
Tiburon Planning Commission
June 23, 2010 - 7:30 PM
TIBURON PLANNING COMMISSION
CALL TO ORDER AND ROLL CALL
Chairman Kunzweiler, Vice Chair Frymier, Conunissioner Corcoran, Commissioner Doyle,
Commissioner Tollini
ORAL COMMUNICATIONS
Persons wishing to address the Planning Commission on any subject not on the agenda may do
so under this portion of the agenda. Please note that the Planning Commission is not able to
undertake extended discussion, or take action on, items that do not appear on this agenda.
Matters requiring action will be referred to Town Staff for consideration and/or placed on a
future Planning Commission agenda. Please limit your comments to no more than three (3)
minutes. Testimony regarding matters not on the agenda will not be considered part of the
administrative record.
COMMISSION AND STAFF BRIEFING
Commission and Committee Reports
Director's Report
PUBLIC HEARING
1. 2 MIRAFLORES LANE: REQUEST TO AMEND THE MIRAFLORES PRECISE
PLAN (PD #21) TO EXPAND THE EXISTING SECONDARY BUILDING
ENVELOPE; FILE #31003; Davoud Sadeghi Owner and Applicant; Assessor's
Parcel 039-271-21 [LT] (Continued from May 12, 2010)
2. END OF PARENTE ROAD AND END OF ANTONETTE DRIVE: PARENTE
VISTa PRECISE DEVELOPMENT PLAN (PD #4) TO CREATE TWO BUILDING
SITES ON A 10.2 ACRE PARCEL; FILE #30703; Lionel Achuck, Owner; Tom
Newton, Applicant; Assessor's Parcel No. 038-111-16 [DW]
Tiburon Planning Commission Agenda June 23, 2010
Page 1
Ir
3. CONSIDER RECOMMENDATION TO TOWN COUNCIL TO AMEND
GENERAL PLAN TEXT AND DIAGRAMS WITH RESPECT TO THE TIBURON
RIDGE TRAIL ALIGNMENT; TOWN-INITIATED APPLICATION FILE #GPA
2010-01 [LT]
MINUTES
4. PLANNING COMMISSION MINUTES - Regular Meeting of June 9, 2010
ADJOURNMENT
Future Agenda Items a062310
Election of Officers (July 14)
Accept Public Comment on Library Expansion Draft EIR (July 14)
Trestle Glen Circle Conceptual Master Plan Review (TBD)
Tiburon Planning Commission Agenda June 23, 2010 Page 2
/0.
TOWN OF TIBURON Regular Meeting
Tiburon Town Hall Design Review Board
1505 Tiburon Boulevard July 1, 2010
Tiburon, CA 94920 7:00 P.M.
AGENDA
TIBURON DESIGN REVIEW BOARD
CALL TO ORDER AND ROLL CALL
Chairman Chong, Vice Chairman Tollini, Boardmembers Kricensky & Weller
ORAL COMMUNICATIONS
Persons wishing to address the Design Review Board on any subject not on the agenda may do so under
this portion of the agenda. Please note that the Design Review Board is not able to undertake extended
discussion, or take action on, items that do not appear on this agenda. Matters requiring action will be
referred to Town Staff for consideration and/or placed on a future Design Review Board agenda. Please
limit your comments to no more than three (3) minutes. Any communications regarding an item not on
the agenda will not be considered part of the administrative record for that item.
STAFF BRIEFING (if any)
OLD BUSINESS
1. 1801 MAR WEST STREET: File No. 710026; Ron Sires, Owner; Site Plan and
Architectural Review for construction of a new single-family dwelling with a floor area
exception. The applicant proposes to demolish the existing dwelling and reconstruct a
new dwelling, as well as remodel the existing detached garage and guest house. The
proposed floor area is 3,825 square feet, which would exceed the floor area ratio of
3,084.5 square feet for this property by 740.5 square feet. APN 059-061-21 [LT]
NEW BUSINESS
2. 11 RACCOON LANE: File No. 21006; Desmond King and Georgeann Economy,
Owners; Site Plan and Architectural Review for construction of additions to an existing
single-family dwelling with a variance for reduced front yard setback and a floor area
exception. The applicants propose to construct a 63 square foot addition that would
create a new bathroom, closet and storage area on the lower floor of the house. The
additions would extend to the front property line, in lieu of the minimum 15 foot front
yard setback for this property. The proposed floor area is 2,832 square feet, which would
exceed the floor area ratio of 2,081 square feet for this property by 751 square feet. APN
059-052-13 [LT]
Design Review Board July 1, 2010 Page 1
TOWN OF TIBURON
Tiburon Town Hall
1505 Tiburon Boulevard
Tiburon, CA 94920
Regular Meeting
Design Review Board
July 1, 2010
7:00 P.M.
3. 55 UPPER NORTH TERRACE: File No. 21011; Sara and Fergus Coakley, Owners;
Site Plan and Architectural Review for construction of additions to an existing single-
falnily dwelling, with variances for reduced front yard setback and excess lot coverage.
The applicants propose to construct a 307 square foot addition to expand the existing
dining room and kitchen of the house. The additions would extend to within 11 feet, 11
inches of the front property line in lieu of the minimum 30 foot front yard setback for this
property. The additions would cover 24.9% of the site, in lieu of the maximum 15.0% lot
coverage for this property. APN: 034-304-03 [LT]
4. 685 HAWTHORNE DRIVE: File No. 21012; Lorena Franco, Owner; Site Plan and
Architectural Review for construction of an addition to an existing single-family
dwelling, with a variance for excess lot coverage. The applicants propose to construct
395 square feet of additions to add a music room, family room and entry to the existing
dwelling. Five new skylights would be installed. The additions would cover 34.6% of the
site, in lieu of the maximum 30.0% lot coverage for this property. APN: 055-191-03
[DW]
5. 2312 SPANISH TRAIL: File No. 710021; Bill and Joy Norris, Owners; Site Plan and
Architectural Review for construction of a detached two-family dwelling, with a detached
two-family exception. The applicants propose to construct a 1,180 square foot detached
dwelling below the existing house on the site. APN: 059-201-32 [DW] CONTINUED
TO JULY 159 2010
MINT 1TF.,q
6. Regular Meeting of June 17, 2010
ADJOURNMENT
Design Review Board
July 1, 2010
Page 2
Pacific Gas and
Electric Company
June 15, 2010
JUN z 2 =
Mayor Lew Tremaine
Town of Fairfax
142 Bolinas Road
Fairfax, CA 94930
Dear Mayor Tremaine,
DIGEST CLo.
77 Beale Street
San Francisco, CA 94105-1814
Mailing Address
Pacific Gas and Electric Company
P. 0. Box 770000
San Francisco, CA 94177-0001
415.973.7000
Thank you for taking the time to express your concerns regarding the installation of SmartMeterT"
devices in Fairfax. We want all of our customers to have confidence in the safety of our equipment. To
help in this regard, we've responded to each of the concerns outlined in your letter.
Accuracy
Meter accuracy is a top priority for PG&E, and we take seriously our customers' concerns. The digital
metering technology that calculates energy use has been around and in use since the 1980s. It's the
deployment of this technology as part of a Smart Grid network, and how that information is
communicated back to PG&E, that is new.
To date, 99 percent of PG&E's installed SmartMetersTm are working as intended. In an effort to provide
customers with as much information as possible, PG&E is now releasing its monthly progress reports to
the public. These reports are highly detailed and demonstrate how PG&E has gone to great lengths to
ensure that the program was extensively tested prior to introduction to our customers.
For PG&E and our customers, ensuring that our meters are measuring energy use properly is extremely
important. Pilot programs were conducted in Vacaville and San Francisco. PG&E also closely monitored a
50,000 meter pilot program in Ft. Lauderdale, conducted by Florida Power & Light, using these exact
same devices. One hundred percent of SmartMeterT"" devices are tested before leaving the factory. We
then have three additional random testing processes to confirm the meters are accurate, that include
tests by an independent auditor, as well as random sample tests before and after the meters are
installed. In addition to these testing methods, PG&E is also currently performing side-by-side meter
tests at homes in our service area, so our customers can see for themselves the energy usage on their
SmartMeterT"" device compared to their legacy analog meter. We are also posting the side-by-side meter
test results on a weekly basis at http://www.pge.com/smartmeter/.
Radio Frequency & Health Effect Concerns
Our SmartMeteCm devices use wireless technology that allows our customers to better manage their
energy-consumption. Importantly, the radio frequency (RF) emitted from our devices falls significantly
below all Federal Communications Commission (FCC) requirements and generally is far less than many
common household appliances, including, wireless telephones, microwave ovens and wireless Internet
stations. Indeed, a study of the RF fields that SmartMeterTm devices transmit shows the devices comply
with all applicable FCC regulations by a very wide margin. You can find this information at:
http://www.pge.com/includes/docs/pdfs/shared/edusafety/systemworks/rfsafety/rf summary discussi
on rat2.pdf
You mentioned in your letter that the SmartMeterT"" devices will send strong RF pulses into homes,
schools, businesses and the surrounding environment and that the intensity of each such pulse will be
nearly 1,000 times the RF emission of a typical cell phone's output. You also state that exposure to this
enormous magnitude will subject the County's residents to the potential for developing a variety of
health problems. This is incorrect. If we compare the instantaneous, peak intensity of the RF field
produced by a pulse from a SmartMeterT" device at 1 foot from the meter (a close proximity to the
meter and not typical) to that of a cell phone held against the head (the normal use of a cell phone), the
SmartMeterT" device will be about 1,000 times less intense than the cell phone. Additionally, if we
examine the intensity of the SmartMeterT" RF field in terms of average value (the same terms that the
FCC uses for regulating human exposure to RF fields--rather than the instantaneous peak value of a
single pulse), the RF intensity of a SmartMeterT" device at 1 foot, under typical operational conditions
during a day, is about 0.00004 times as much as the cell phone creates when held against the head. In
short, the RF field at one foot from a SmartMeter m device is far weaker than that of a cell phone under
normal use, regardless of whether expressed in terms of instantaneous, peak field or average field.
You also mentioned in your letter that RF transmissions from devices like the SmartMeterTM technology
are linked to adverse health effects. It is important to note that the World Health Organization (WHO)
has conducted an in-depth investigation into RF and concluded that there are no adverse short- or long-
term effects associated with low-level RF exposure such as that from PG&E's SmartMeterT"" devices.
Specifically, the WHO states, "Considering the very low exposure levels and research results collected to
date, there is no convincing scientific evidence that the weak RF signals from base stations and wireless
networks cause adverse health effects." You can find this information at:
http://www.who.int/mediacentre/factsheets/fs304/en/index.html.
In addition to the work that the WHO and FCC have performed, PG&E has commissioned two
independent studies to verify the safety of its SmartMeterT"" equipment. Industry expert, Richard Tell of
Richard Tell Associates, conducted these studies. We have posted both of these studies on our website
at: www.pge.com/myhome/edusafetv/systemworks/rfsafety
PG&E's website also includes links to other substantial information regarding RF:
■ The Federal Communications Commission's Radio Frequency Safety Web Page
■ The Food and Drug Administration's Radiation Emitting Products Web Page
■ The Environmental Protection Agency's Radiation Protection Ionizing and Non-Ionizing
Radiation Web Page
■ The World Health Organization's Web Page on Electromagnetic Fields
I am enclosing PG&E's studies for you with this letter and hope that they, and the other materials
referenced above, will address your concerns. The very low RF levels used in PG&E's meter
communication system, which are similar to a household microwave oven or a laptop computer, do not
pose a safety or health issue.
Privacy and Security
You expressed concern over remote power control and power shut offs. PG&E gives all delinquent
customers six warnings for non-payment, whether the customer has a SmartMeterTm device or a
standard analog meter. Customers who are unable to pay their bills on time can contact us to establish a
payment plan or make payment arrangements that can help to ease the difficulty in managing energy
bills. In addition to payment plans, we have numerous programs to assist our customers with their bills,
such as the CARE (California Alternate Rates for Energy), REACH (Relief for Energy Assistance through
Community Help), FERA (Family Electric Rate Assistance), LIHEAP (Low-Income Home Energy Assistance
Program), Medical Baseline Allowance, the Energy Partners Program and the Winter Gas Savings
Program. The programs can be accessed from our customer service page on our website, at
http://www.pge.com/myhome/customerservice/financialassistance. We understand that these are
difficult financial times, and we are here to help.
One of the benefits of this new smart grid technology is that our engineers can pinpoint the location of
an outage in very little time, ensuring that we can get to work on fixing the problem very quickly.
We also understand that your fellow residents have concerns regarding how SmartMeterTm devices are
deployed. Since first rolling out the program, we now communicate with our customers multiple times,
and in multiple ways about their new SmartMeterTm devices. We are committed to keeping an open
dialogue, and that begins with our initial letter to customers informing them of the planned installation.
We also have a full section of our website dedicated to SmartMeterTM technology information and have
a call center ready to take our customers' calls on this important investment in our future. The number
is 1-866-743-0263.
We also want to assure you that PG&E takes extensive measures to ensure the integrity of our control
systems and to secure and protect customers and customer data. Our SmartMeterT' devices use a
secure proprietary wireless system that PG&E monitors around the clock.
Fire Danger
Some have asked about the safety of these devices and if they catch fire. The SmartMeterT"" technology
is safe and more than 76 million are in use around the world each day. PG&E SmartMeterTm devices are
manufactured by meter manufacturers (General Electric and Landis+Gyr) which are required to
manufacture the meters in compliance with all applicable legal safety and other industry standards.
In rare instances, a traditional older-style meter or a newer SmartMeterTm device may be impacted by
deteriorating conditions of surrounding equipment around the meter, such as bad or outdated wiring
within the meter panel. This can cause meter failure for any kind of meter, and result in a malfunction
that causes arcing and excessive heat. These rare meter failures accompanied with arcing are referred to
as "hot sockets" which you may have read about. These issues have not been linked to SmartMeterTM
devices, but rather to the installation of electric meters in general.
Economic Impact
We value all of our employees. We have been working closely with our meter readers to place them in
other jobs within the company. We are happy to report that we have been extremely successful in that
effort to date, placing 80 percent of these PG&E employees in new positions.
Moreover, economic studies have found that SmartMeterTm devices and the smart grid will create jobs.
The Bay Area Council Economic Institute concluded that smart grid investment will play a critical role in
advancing economic development in the Bay Area in the Bay Area Economic Recovery Workplan, a
report that identified regional priorities for funding from the American Recovery and Reinvestment Act.
The CPUC approved PG&E's SmartMeterTm program for PG&E customers in Decisions 06-07-027 and D.
09-03-026. The CPUC has similarly approved California's other utilities' installation of advanced metering
in other parts of California as a means of implementing a Smart Grid and enabling energy-conservation.
The Legislature addressed this in Public Utilities Code section 8363(a), which states, "By July 1, 2011,
each electrical corporation shall develop and submit a smart grid deployment plan to the commission
for approval." At this time, there is no opt-out provision for SmartMeterTm devices. We work with our
customers to address their concerns.
If you have additional concerns, I would invite you to contact Denise Alexander at 415-973-4195, who
can provide you with more information.
Sincerely,
i)JL- 4-vn
William F. Devereaux
Senior Director, SmartMeter TM
Pacific Gas and Electric Company
Cc: CPUC Commissioner Michael R. Peevey
CPUC Commissioner John A. Bohn
CPUC Commissioner Dian M. Grueneich
CPUC Commissioner Nancy E. Ryan
CPUC Commissioner Timothy Alan Simon
Assembly Member Jared Huffman
State Senator Mark Leno
Marin County Council of Mayors and Council Members
Phil Enis, Consumer Affairs Branch
June 4, 2010
To: State Count
v
NOTIFICATION OF PACIFIC GAS AND ELECTRIC COMPANY'S
APPLICATION FOR ITS 2011 ELECTRIC PROCUREMENT
FORECAST COSTS AND OTHER PROJECT COSTS
On May 28, 2010, Pacific Gas and Electric Company (PG&E) filed an application with the California Public Utilities
Commission (CPUC), requesting to lower electricity rates by $211 million, or approximately 1.7 percent on average, effective
January 1, 2011.
Each year, PG&E is required to file an application that forecasts how much it will spend the following year to ensure adequate
electricity supply for its customers. The CPUC carefully reviews PG&E's forecast to ensure that customers are not charged
more for electricity than it costs PG&E to provide. The forecasted costs approved by the CPUC are included in PG&E's electric
rates the following year. During that year, PG&E's actual costs and revenues are tracked, and any difference is allocated to
PG&E customers at a later date. PG&E recovers its electric procurement costs dollar for dollar, with no profit margin.
This application requests that the CPUC adopt PG&E's 2011 electric procurement forecast of approximately $3.9 billion for the
Energy Resource Recovery Account (ERRA) and Ongoing Competition Transition Cost (CTC), as well as the Power Charge
Indifference Amount (PCIA). This forecast is $211 million lower than present 2011 revenue rates, which is primarily due to
lower energy prices in 2010 and to 2011 forecasts being lower than currently reflected in PG&E rates. PG&E requests that
electric rates designed to recover this amount become effective on January 1, 2011.
Will rates increase as a result of this appllcaUonl
For most customers, no, although impacts for individual customers will vary. Bundled customers (those who receive electric
generation as well as transmission and distribution service from PG&E) will see revenue decreases, while most direct access
customers (those who purchase their energy from a non-utility, supplier) will see small increases. PG&E MR provide an
illustrative allocation of the proposed rate decreasestincreases among customer classes, in this proposal, in a bill insert to be
mailed directly to customers later this month.
If the CPUC approves this application, a typical bundled residential customer using 550 kilowatt-hours (kWh) per month will
see the average monthly bill change from $77.40 to $76.92, a decrease of $0.48 per month. A residential customer using 850
kWh per month, which is about twice the baseline allowance, will see the average monthly bill change from $176.77 to
$173.23, a decrease of $3.54 per month. Individual customers' bills may differ.
FOR FURTHER INFORMATION
To request a copy of the application and exhibits or for more details, call PG&E at
1-800-PGE-5000.
For TDDMY (speech-hearing impaired), call 1.800-6524712.
Para mas detalles Name al 1-800-660-6789
+9441301-RIZ -1.800.893-9555
You may request a copy of the application and exhibits by writing to:
Pacific Gas and Electric Company
2011 ERRA Forecast Proceeding
P.O. Box 7442, San Francisco, CA 94120.
THE CPUC PROCESS
The CPUC's Division of Ratepayer Advocates (DRA) may review this application. The DRA is an independent arm of the
CPUC, created by the Legislature to represent the interests of all utility customers throughout the state and obtain the lowest
possible rate for service consistent with reliable and safe service levels. The DRA has a multi-disciplinary staff with expertise in
economics, finance, accounting and engineering. The DRA's views do not necessarily reflect those of the CPUC. Other parties
of record will also participate.
The CPUC may hold evidentiary hearings where parties of record present their proposals in testimony and are subject to
cross-examination before an Administrative Law Judge (AU). These hearings are open to the public, but only those who are
parties of record may present evidence or cross-examine witnesses during evidentiary hearings. Members of the public may
attend, but not participate in, these hearings.
After considers all proposals and evidence presented during the hearing process, the AU will issue a draft decision. When
the CPUC ads on this application, it may adopt all or part of PG&E's request, amend or modify it, or deny the application. The
CPUC's final decision may be different from PG&E's application.
If you would like to learn how you can participate in this proceeding or if you have
comments or questions, you may contact the CPUC's Public Advisor as follows:
Public Advisor's Office
505 Van Ness Avenue
Room 2103
San Francisco, CA 94102
If you are writing a letter to the Public Advisor's Office, please include the number of
the application to which you are referring. All comments will be circulated
to the Commissioners, the assigned Administrative Law Judge and the Energy
Division staff.
Officials
•
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4
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JUN 10 2010
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A copy of PG&E's 2011 ERRA Forecast Proceeding and exhibits are also available
for review at the California Public Utilities Commission, 505 Van Ness Avenue,
San Francisco, CA 94102, Monday-Friday, 8 a.m.-noon.
DIGEST
MARIN COUNTY HAZARDOUS AND SOLID WASTE
MANAGEMENT JOINT POWERS AUTHORITY
Belvedere:
George Rodericks
Date: June 22, 2010
RECEIVED
Corte Madera:
To: Senator Ellen Corbett
JUN 4
2~~0
David Bracken
State Capitol, Room 5108.
County of Marin:
Sacramento, California 95814
TOWN MANAGERS OFFICE
Matthew Hymel
Fax: (916) 327-2433
TOWN OF TIBURON
Fairfax:
Re: Support for SIB 1100 - The Battery Stewardship Act
Michael Rock
Larkspur:
Dear Senator Corbett:
Dan Schwarz
On behalf of the Marin County Hazardous and Solid Waste Management
Mill Valley:
Joint Powers Authority (JPA), I write to inform you of our support of SB
1100, a bill that will require battery manufacturers to create and
Novato:
implement stewardship program to deal with the end of life for their
Michael Frank
products.
Ross: The Marin County Hazardous and Solid Waste Management Joint
Gary Broad
Powers Authority (JPA) is a regional agency formed following AB 939 to
San Anselmo: ensure proper handling of waste in Marin County. JPA.membership
Debbie Stutsman includes all of Marin's cities and the County of Marin. .
San Rafael: In early 2006 all household batteries were classified in California as
Ken Nordhoff
Universal Waste and banned from solid waste landfills because they are
Sausalito: harmful to our planet. That's good news for the environment. However,
Adam Politzer it can be difficult for consumers to find a place to recycle used batteries.
Tiburon: According to a California report, more than 500 million batteries are sold
Margaret Curran
each year in California and that number is expected to rise. Today, it is
estimated that only one-half of one percent of used batteries are
recycled through local government household hazardous waste
programs.
Battery manufacturers have no incentive to be concerned about how
much it costs taxpayers to properly and safely dispose of their products.
Stewardship will ensure that the cost for end of life management is
included in the product price, not a burden externalized onto the general
taxpayers or garbage ratepayers.
As a participant in the California Product Stewardship Council (CPSC)
the JPA passed a resolution (attached), which endorses Extended
Producer Responsibility (EPR) policies, initiatives and statewide
legislation. The JPA joins CPSC in strong support of SB 1100 as a good
example of EPR.
co
Marin County Department of Public Works, P.O. Box 4186, San Rafael, CA 94913
Phone: 415/499-6647 - FAX 415/446-7373
i
SB 1100 will help local governments' bottom lines by saving tax-payer money used to
manage toxic battery waste. It will also create green jobs collecting and recycling
batteries in the private sector. In addition, battery stewardship will help California's
environment by ensuring that battery waste is properly managed.
For the above reasons, the Mann County Hazardous and Solid Waste Management
Joint Powers Authority strongly supports SB 1100.
Sincerely, - C-1-
Michael Frbst
Executive Director
Cc: JPA Board Members
Senator Mark Leno
Attachment
FAWaste\JPA\Legislative Support\SB 1100 2nd letter.doc
RESOLUTION NO. 07-02
MARIN COUNTY HAZARDOUS AND SOLID WASTE MANAGEMENT JOINT
POWERS AUTHORITY
RESOLUTION SUPPORTING STATEWIDE, LOCAL AND REGIONAL
EFFORTS TO HOLD PRODUCERS RESPONSIBLE FOR PRODUCT WASTE
STARTING WITH TOXIC PRODUCTS DEFINED AS UNIVERSAL WASTE
WHEREAS, On February 8, 2006, a state law took effect that made it illegal to
dispose of items defined as "universal waste," in the garbage. Universal waste
includes household batteries, fluorescent bulbs or tubes, thermostats, other items
that contain mercury, as well as electronic devices including VCRs, microwaves,
cellular phones, cordless phones, printers, and radios; and
WHEREAS, collecting and disposing of these products, and implementing a
public awareness campaign to prevent these banned items from going into the
trash will cost Marin County ever increasing amounts of money; and
WHEREAS, When additional products are declared as hazardous by the State
the burden to manage these items will fall to local jurisdictions; and
WHEREAS, There are significant environmental and human health impacts
associated with household products that contain toxic ingredients, including
mercury, lead, cadmium and other toxic chemicals that when disposed of
improperly can contaminate water supplies; and
WHEREAS, By covering the costs of collection and disposal, local governments
are subsidizing the production of waste because manufacturers know that
whatever they produce the local governments will foot the bill for recycling or
disposal; and
WHEREAS, Extended Producer Responsibility is an environmental policy
approach in which producers assume responsibility-financial and/or physical-
for the management of post-consumer products, so that those who produce and
use products bear the costs of recycling and proper disposal; and
WHEREAS, When brand owners are responsible for ensuring their products are
recycled responsibly, and when health and environmental costs are included in
the product price, there is a strong incentive to design and purchase goods that
are more durable, easier to recycle, and less toxic; and
WHEREAS, It is timely to develop and support extended producer responsibility
legislation to address the universal waste sector of the waste stream first in
response to the state ban on universal waste from household disposal; and
WHEREAS, on April 26, 2006 the Marin County Hazardous and Solid Waste
Management Joint Powers Authority Executive Committee approved a motion to
add to staff's work plan, participation in a regional group to lobby the State for
product take back and EPR legislation; now, therefore be it
RESOLVED, That the Marin County Hazardous and Solid Waste Management
Joint Powers Authority urges representatives in Sacramento to pursue statewide
extended producer responsibility legislation targeted at universal waste that will
give incentives for the redesign of products to make them less toxic, and shirt the
cost for recycling and proper disposal of products from the local government to
the producer and distributor of the product; and, be it
FURTHER RESOLVED, That the Joint Powers Authority and its member
agencies develop producer responsibility policies such as leasing products rather
than purchasing them, and requiring the manufacturers of products to offer less
toxic alternatives, and to take responsibility for collecting and recycling their
products at the end of their useful life; and, be it
FURTHER RESOLVED, that the Marin County Hazardous and Solid Waste
Management Joint Powers Authority will continue to support extended producer
responsibility initiatives and statewide legislation beyond universal waste to cover
areas including other hazardous products, bulky packaging, and items like
plastics and multi-material products that are difficult to recycle.
AYES: Nordhoff, Bonander, Broad, Keen, Rodericks, Montgomery, Hymel,
Stutsman, Whitson
NOES: None
ABSENT: Kelly, Bracken
Date: I/ Debbie Stutsman, Chair
ATTEST:
FAWaste\ASoulard\Zero WasteWarin EPR DOC.doc